It shall be unlawful to:
(a) Refuse to sell or rent, after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of membership in a protected class.
(b) Discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the furnishing of facilities, services or privileges in connection with the occupancy, ownership or use of any housing accommodations, including the sale of fire, extended coverage, or homeowners insurance, because of membership in a protected class or because of the racial composition of the neighborhood in which the housing accommodations are located.
(c) Make, print, circulate, or publish, or cause to be made, printed, or published, any written or oral notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on membership in a protected class or an intention to make such preference, limitation, or discrimination. Discriminatory notices, statements and advertisements include, but are not limited to:
(1) Using words, phrases, photographs, illustrations, symbols, or forms which convey that dwellings are available or not available to a particular group of persons because of membership in a protected class.
(2) Expressing to agents, brokers, employees, prospective sellers or renters or any other persons a preference for or limitation on any purchaser or renter because of membership in a protected class.
(3) Selecting media or locations for advertising the sale or rental of dwellings which deny particular segments of the housing market information about housing opportunities because of membership in a protected class.
(4) Refusing to publish advertising for the sale or rental of dwellings, or requiring different charges or terms for such advertising because of membership in a protected class.
(d) Represent to any person because of membership in a protected class that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact available.
(e) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular protected class. Prohibited actions under this section include, but are not limited to:
(1) Engaging for profit in conduct (including uninvited solicitations for listings) which conveys to a person that a neighborhood is undergoing or is about to undergo a change in persons of a particular protected class, in order to encourage persons to offer a dwelling for sale or rental.
(2) Encouraging, for profit, any person to sell or rent a dwelling, through assertions that the entry or prospective entry of persons of a particular protected class can or will result in undesirable consequences for the project, neighborhood or community, such as a lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools or other services or facilities.
(3) Soliciting or entering into any agreement for the sale, lease or listing for sale or lease of any real property within the City/Village (on the ground of loss of value) due to the present or prospective entry into any neighborhood of any person or persons of any particular protected class.
(4) Distributing or causing to be distributed, written material or statements designed to induce any person to sell or lease real property because of any alleged or actual, present or prospective change in the race, color, religion, sex, handicap, familial status, national origin or ancestry of persons in the municipality or neighborhood.
(5) Making any representation concerning the listing for sale or the anticipated listing for sale or the sale of any real property for the purpose of inducing or attempting to induce the sale or listing for sale of any real property, that the presence or anticipated presence of persons of any particular protected class in the area will or may result in the lowering of real property values in the block, neighborhood or area in which the property is located.
(f) Discriminate, in connection with borrowing or lending of money, guaranteeing or purchasing loans, accepting mortgages, or otherwise financing the purchase, construction, improvement, repair or maintenance of a dwelling, or the making or purchasing of loans or the provision of other financial assistance secured by residential real estate, because of membership in a protected class. Such discrimination includes, but is not limited to:
(1) Denying or delaying any of the services normally offered by such an institution, including the processing of a loan or other financial assistance;
(2) Making a transaction unavailable;
(3) Varying the terms or conditions, or otherwise discriminating in the fixing of the amount, interest rate, duration, or other terms or conditions of a loan or other financial assistance;
(4) Providing any person with any service which is different from, or provided in a different manner than, that which is provided to other persons similarly situated;
(5) Refusing to purchase or impose different terms or conditions on loans or other debts or securities which support the purchase, construction, improvement, repair or maintenance of a dwelling, or which are secured by residential real estate; and
(6) Denying or vary the terms and conditions of a loan on the basis that a specific parcel of real estate offered as security is located in a specific geographical area.
(g) Discriminate in the appraisal of the value of real estate or in the sale of insurance in connection with a real estate transaction because of membership in a protected class.
(h) Impose different sale prices or rental charges for the sale or rental of a dwelling upon any person because of membership in a protected class.
(i) Use different qualification criteria or applications, or sale or rental standards or procedures, such as income standards, application requirements, application fees, credit analysis or sale or rental approval procedures or other requirements, because of membership in a protected class.
(j) Evict tenants because of their membership in a protected class or because of a tenant’s guest’s membership in a protected class.
(k) Enter into a listing agreement which discriminates against any person because of membership in a protected class.
(l) Deny any person access to or membership or participation in any multiple-listing service, real estate brokers organization or other service, organization, or facility relating to the business of selling or renting dwellings or to discriminate against any person in the terms or conditions of such access, membership or participation because of membership in a protected class. Prohibited actions under this section include, but are not limited to:
(1) Setting different fees for access to or membership in a multiple-listing service based on membership in a protected class.
(2) Denying or limiting benefits accruing to members in a real estate brokers organization because of membership in a protected class.
(3) Imposing different standards or criteria for membership in real estate or rental organizations based on membership in a protected class.
(4) Establishing board or multi-listing service boundaries, residence or office, location or other membership requirements which have the effect of excluding persons from membership because of membership in a protected class.
(5) Refusing to hire or contract with any person because of membership in a protected class.
(m) Restrict or attempt to restrict, because of membership in a protected class, the choices of a person by words or acts in connection with buying or renting a dwelling so as to perpetuate, or tend to perpetuate, segregated housing patterns, or to discourage or obstruct integrated housing. Prohibited actions under this section, which are generally referred to as unlawful steering practices, include, but are not limited, to the following:
(1) Discouraging the purchase or rental of a dwelling because of membership in a protected class by exaggerating drawbacks or failing to inform any person of desirable features of a dwelling or of a community, neighborhood, or development, so as to perpetuate, or tend to perpetuate, segregated housing patterns, or to discourage or obstruct integrated housing.
(2) Communicating to any prospective purchaser that he or she would not be comfortable or compatible with existing residents of a community, neighborhood or development because of membership in a protected class so as to perpetuate, or tend to perpetuate, segregated housing patterns, or to discourage or obstruct integrated housing.
(3) Assigning any person to a particular section of a community, neighborhood or development, or to a particular floor of a building, because of membership in a protected class so as to perpetuate, or tend to perpetuate, segregated housing patterns, or to discourage or obstruct integrated housing.
(4) Failing to inform any person of available housing opportunities in a particular section of a community, neighborhood or development, or in a particular building or particular floor of a building, because of membership in a protected class, so as to perpetuate, or tend to perpetuate, segregated housing patterns, or to discourage or obstruct integrated housing.
(n) Perform any act of discrimination with the intention or effect of restricting or limiting the housing choice of any person.
(o) Aid or abet acts performed in violation of this chapter.
(p) Coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment or any right granted or protected by this chapter.
(q) Solicit any owner to sell or rent or list residential property at any time after such person has provided notice that such owner does not desire to sell, rent, or list such residential property. For the purposes of this subsection, notice must be provided as follows:
(1) The notice may be given by the owner personally or by a third party in the owner’s name, either in the form of an individual notice or a list, provided it complies with subsection (q)(2)B. below.
(2) Such notice shall be explicit as to whether each owner on the notice seeks to avoid both solicitation for listing and sale, or only for listing, or only for sale, as well as the period of time for which any avoidance is desired. The notice shall be dated and either of the following shall apply:
A. Each owner shall have signed the notice; or
B. The person or entity preparing the notice shall provide an accompanying affidavit to the effect that all the names on the notice are, in fact, genuine as to the identity of the persons listed and that such persons have requested not to be solicited as indicated.
(3) The individual notice or notice in the form of a list with the accompanying affidavit shall be served personally or by certified or registered mail, return receipt requested.
(Ord. 91-2006. Passed 11-14-06.)